DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12 May 2026 has been entered.
Response to Amendment
The amendment filed on 31 March 2026 has been entered.
Response to Arguments
Applicant's arguments filed 12 May 2026 have been fully considered but they are not persuasive.
Applicant argues that Jian describes a second layer 140 including an optical focusing element 150 that is bonded to a first layer 130 affixed to an optical fiber 100. See Jian, FIG. 1. Jian in combination with Biecker would therefore, at best, provide a separate, second layer bonded to the carrier (2) of Biecker between the carrier (2) and the light sources (12, 13, 21). The examiner respectfully disagrees. Jian prefers a multilayer method of macing the optical focusing element, but also discloses that a one-layer method has an art-recognized suitability for that purpose (Jian paragraph 10; see Basavanhally (US 5346583) element 10, incorporated by reference in Jian). Considering that Biecker’s longitudinal segment is a single layer to start with, it’s clear that a multilayer construction is not implied by the combination of Biecker and Jian.
Additionally, making separate parts integral is considered prima facie obvious in light of the pertinent precedent (see In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965) (A claim to a fluid transporting vehicle was rejected as obvious over a prior art reference which differed from the prior art in claiming a brake drum integral with a clamping means, whereas the brake disc and clamp of the prior art comprise several parts rigidly secured together as a single unit. The court affirmed the rejection holding, among other reasons, "that the use of a one piece construction instead of the structure disclosed in [the prior art] would be merely a matter of obvious engineering choice."); see MPEP 2144.04(V)(B).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-2, 4-5, 9-10, 12 are rejected under 35 U.S.C. 103 as being unpatentable over Biecker et al. (EP 3194847 B1) in view of Comstock et al. (US 2015/0198757 A1), Jian (US 2002/0054737 A1) as evidenced by Basavanhally (US 5346583), and Appeldorn et al. (US 5432876).
Citations to paragraph/page/lines in Biecker refer to the English translation previously made of record.
With respect to claim 1: Biecker teaches a lighting device for lighting an interior (1), the lighting device comprising: a longitudinal segment (2) that extends along a length (15), the longitudinal segment formed from a single layer of material (see Fig. 1); at least one lateral segment (segments of 3, 5 in region 7) extending away from the longitudinal segment (see Fig. 1); and at least one light source (12, 13); wherein the longitudinal segment has at least one light entry surface (surfaces of 3, 5 facing 12, 13) along its length and at least one light transfer region (7) through which light from the at least one light source entering the longitudinal segment via the at least one light entry surface is conducted to the at least one lateral segment (see Fig. 1), wherein the at least one light transfer region and the at least one light entry surface lie opposite one another (see Fig. 1), wherein the at least one lateral segment is flat (paragraph 6, in the ‘side-by-side’ configuration), and has at least one light-conducting fiber (4) through which light is emitted into the interior (paragraph 2), which has a first end (ends of 4 facing 12, 13) and a second end (ends of 4 facing away from 12, 13), and wherein at least one of said first end or said second end of the light-conducting fiber and the at least one longitudinal segment are materially bonded to one another along the length to form the light transfer region (paragraph 8)”.
Biecker does not specifically teach that longitudinal segment is cylindrical.
However, Comstock teaches a lighting device (10) with a longitudinal segment (12) which is cylindrical (see Fig. 1a, 1b).
It would have been obvious at the time the application was effectively filed for one of ordinary skill in the art to implement the longitudinal segment of Biecker’s lighting device as a cylinder as taught by Comstock in order to improve coupling of light from the light source into the lateral segments by allowing for a thicker light-entrance surface than that of the flat lateral segments (Comstock paragraph 35).
Biecker does not specifically teach “wherein the at least one light transfer region and the at least one light entry surface are positioned on opposite sides of the at least one longitudinal segment, wherein the at least one optical element comprises a diffusing element, a focusing lens, and/or a mixing lens and the at least one optical element is configured to diffuse, focus, and/or mix the light from the at least one light source within the at least one longitudinal segment between the at least one light entry surface and the at least one light transfer region wherein the at least one longitudinal segment has at least one optical element forming a light entry surface along its length, each optical element is positioned to align with a dedicated light source”.
However, Jian teaches “wherein the at least one light transfer region (164) and the at least one light entry surface (150) are positioned on opposite sides of the at least one longitudinal segment (140), wherein the at least one optical element comprises a diffusing element, a focusing lens (150), and/or a mixing lens and the at least one optical element is configured to diffuse, focus (see Fig. 1), and/or mix the light from the at least one light source (170) within the at least one longitudinal segment between the at least one light entry surface and the at least one light transfer region wherein the at least one longitudinal segment has at least one optical element forming a light entry surface along its length (see Fig. 1), each optical element is positioned to align with a dedicated light source (see Fig. 1)”.
It would have been obvious at the time the application was effectively filed for one of ordinary skill in the art to implement the longitudinal segment of Biecker’s lighting device with the optical elements aligned with dedicated light sources taught by Jian in order to focus the light from the light sources into the optical fibers with the optical element (Jian paragraph 40) and to retain the one layer construction of Biecker in light of the art-recognized suitability of a one layer construction to form optical elements in the longitudinal segment (Jian paragraph 10; see Basavanhally Fig. 4).
Biecker does not specifically teach “wherein a plurality of deflection elements are positioned along the at least one light- conducting fiber”.
However, Appeldorn teaches “wherein a plurality of deflection elements (4) are positioned (see Fig. 9) along the at least one light- conducting fiber (38)”.
It would have been obvious at the time the application was effectively filed for one of ordinary skill in the art to modify the lighting device of Biecker with the deflection elements of Appeldorn in order to divert a portion of the light propagating through the fiber out of the fiber (Appeldorn column 7 line 63-column 8 line 3).
With respect to claim 2: Biecker in view of Comstock, Jian evidenced by Basavanhally, and Appeldorn teaches “The lighting device according to claim 1 (see above)”.
Biecker teaches “wherein the at least one lateral segment is a fiber-optic fabric containing the at least one light-conducting fiber (paragraph 25)”.
With respect to claim 4: Biecker in view of Comstock, Jian evidenced by Basavanhally, and Appeldorn teaches “The lighting device according to claim 1 (see above)”.
Biecker further teaches “wherein the longitudinal segment is a first longitudinal segment (see Fig. 1)”.
Biecker does not specifically teach “wherein a second longitudinal segment is formed on the second end (E2) of the at least one light-conducting fiber of the at least one lateral segment, wherein the second longitudinal segment also has at least one light entry surface along the length (L) of the second longitudinal segment for the light from a light source”.
However, Comstock’s Fig. 9 embodiment teaches forming longitudinal segments (12) on both sides of the lateral segment (18).
It would have been obvious at the time the application was effectively filed for one of ordinary skill in the art to modify the lighting device of Biecker by forming longitudinal segments on both sides of the lateral segments as taught by Comstock in order to receive light from an additional set of light sources (Comstock elements 16, Fig. 9).
With respect to claim 5: Biecker teaches a method for the production of a lighting device (method of making 1), the method comprising the following steps: providing an injection mold that has at least one cavity (paragraph 30), with a length (15), which is to be filled with an injection molding material (paragraph 30); providing a flat lateral segment (3, 5) that contains at least one light-conducting fiber (4), which has a first end (end of 4 in region 6) and a second end (end of 4 in region 7); placing the at least one of the first end and the second end of the light-conducting fiber into the at least one cavity along the length (paragraph 30; see Fig. 1); injecting the injection molding material into the at least one cavity (paragraph 30) to obtain a longitudinal segment (2) formed from a single layer of the injection molding material (see Fig. 1) and to obtain at least one light transfer region between the lateral segment and the longitudinal segment (see Fig. 1); and placing at least one light source (12, 13) along the length of the longitudinal segment, which lies opposite the light transfer region (see Fig. 3).
Biecker does not specifically teach that the cavity for making the longitudinal segment is cylindrical.
However, Comstock teaches a lighting device (10) with a longitudinal segment (12) which is produced by a cylindrical cavity (see Fig. 5).
It would have been obvious at the time the application was effectively filed for one of ordinary skill in the art to produce the longitudinal segment of Biecker’s lighting device as a cylinder as taught by Comstock in order to improve coupling of light from the light source into the lateral segments by allowing for a thicker light-entrance surface than that of the flat lateral segments (Comstock paragraph 35).
Biecker does not specifically teach “selectively positioning at least one deflection element along the at least one light- conducting fiber”.
However, Appeldorn teaches “selectively positioning (see Fig. 9) at least one deflection element (4) along the at least one light- conducting fiber (38)”.
It would have been obvious at the time the application was effectively filed for one of ordinary skill in the art to modify the method of making Biecker’s lighting device by adding selectively positioned deflecting elements to the fiber as taught by Appeldorn in order to in order to divert a portion of the light propagating through the fiber out of the fiber (Appeldorn column 7 line 63-column 8 line 3).
Biecker does not specifically teach “forming at least one optical element along the length (L) of the longitudinal segment on an opposite side of the longitudinal segment from the at least one light transfer region; and placing at least one light source along the length (L) of the longitudinal segment, which faces the at least one optical element on the opposite side of the longitudinal segment from the at least one light transfer region, wherein the at least one optical element is positioned in a beam path from the at least one light source and is configured to diffuse, focus, and/or mix light from the at least one light source within the longitudinal segment”.
However, Jian teaches “forming at least one optical element (150) along the length (L) of the longitudinal segment (140) on an opposite side of the longitudinal segment from the at least one light transfer region (164); and placing at least one light source (170) along the length (L) of the longitudinal segment (see Fig. 1), which faces the at least one optical element on the opposite side of the longitudinal segment from the at least one light transfer region (see Fig. 1), wherein the at least one optical element is positioned in a beam path (dotted lines; Fig. 1) from the at least one light source and is configured to diffuse, focus (see Fig. 1), and/or mix light from the at least one light source within the longitudinal segment (see Fig. 1)”.
It would have been obvious at the time the application was effectively filed for one of ordinary skill in the art to implement the longitudinal segment of Biecker’s lighting device with the optical elements aligned with dedicated light sources taught by Jian in order to focus the light from the light sources into the optical fibers with the optical element (Jian paragraph 40) and to retain the one layer construction of Biecker in light of the art-recognized suitability of a one layer construction to form optical elements in the longitudinal segment (Jian paragraph 10; see Basavanhally Fig. 4)..
With respect to claim 9: Biecker in view of Comstock, Jian evidenced by Basavanhally and Appeldorn teaches “The lighting device according to claim 5 (see above)”.
Biecker teaches “wherein diffusing or transparent material is used for the injection molding material (paragraph 25)”.
With respect to claim 10: Biecker in view of Comstock, Jian and Appeldorn teaches “The lighting device according to claim 5 (see above)”.
Biecker does not specifically teach “wherein the second end is placed in a second cavity and injection molding material is injected therein to form a second longitudinal segment and at least one more light transfer region”.
However, Comstock’s Fig. 9 embodiment teaches forming longitudinal segments (12) on both sides lateral segment (18).
It would have been obvious at the time the application was effectively filed for one of ordinary skill in the art to modify the lighting device of Biecker by forming longitudinal segments on both sides of the lateral segments by the injection molding method as taught by Comstock in order to receive light from an additional set of light sources (Comstock elements 16, Fig. 9).
With respect to claim 12: Biecker in view of Comstock, Jian evidenced by Basavanhally and Appeldorn teaches “the method according to claim 1 (see above)”.
Biecker further teaches “wherein the single layer of material forming the longitudinal segment is a single layer of transparent material (paragraph 6)”.
Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Biecker in view of Comstock, Jian evidenced by Basavanhally, and Appeldorn as applied to claim 5 above, and further in view of Hu et al. (US 2014/0126241 A1).
With respect to claim 6: Biecker in view of Comstock, Jian evidenced by Basavanhally and Appeldorn teaches “the method according to claim 5 (see above)”.
Biecker does not specifically teach “wherein the at least one cavity contains concave, convex, and/or rod-shaped form with which the at least one optical element is formed”.
However, Hu teaches a lighting device comprising a longitudinal element (102) that has concave shapes (104) formed along it’s length that would require corresponding convex shapes in the mold cavity that formed them.
It would have been obvious at the time the application was effectively filed for one of ordinary skill in the art to modify the lighting device of Biecker by forming concave shaped optical elements as taught by Hu along the length of the longitudinal element formed by the injection molding method in order to diffuse and make uniform the light entering the light entry surface (Hu paragraph 37).
With respect to claim 7: Biecker in view of Comstock, Jian evidenced by Basavanhally, and Appeldorn teaches “the method according to claim 5 (see above)”.
Biecker does not specifically teach “wherein the injection molded longitudinal segment is subsequently processed to form the at least one optical element along the length”.
Hu teaches “wherein the injection molded longitudinal segment (102) is subsequently processed (paragraph 33) to form the at least one optical element (104) along the length”.
It would have been obvious at the time the application was effectively filed for one of ordinary skill in the art to modify the lighting device of Biecker by forming concave shaped optical elements as taught by Hu along the length of the longitudinal element formed by the injection molding method in order to diffuse and make uniform the light entering the light entry surface (Hu paragraph 37).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Biecker in view of Comstock, Jian evidenced by Basavanhally, and Farrelly et al. (US 2002/0110331 A1).
With respect to claim 11: Biecker teaches a lighting device for lighting an interior (1), the lighting device comprising: a segment (2) that extends along a length (15) the longitudinal segment formed from a single layer of material (see Fig. 1); at least one lateral segment (segments of 3, 5 in region 7) extending away from the longitudinal segment (see Fig. 1); and at least one light source (12, 13); wherein the at least one longitudinal segment has at least one light entry surface (surfaces of 3, 5 facing 12, 13) along its length and at least one light transfer region (7) through which the light is conducted to the lateral segment (see Fig. 1), wherein the at least one light transfer region and the at least one light entry surface lie opposite one another (see Fig. 1), wherein the at least one lateral segment has at least one light-conducting fiber (4) through which light is emitted into the interior (paragraph 2), the at least one light-conducting fiber including a first end (ends of 4 facing 12, 13) and a second end (ends of 4 facing away from 12, 13), wherein at least one of the first end and the second end is at least formed in the longitudinal segment via an injection molding process (paragraph 30), thereby forming the at least one light transfer region (see Fig. 1).
Biecker does not specifically teach that longitudinal segment is cylindrical.
However, Comstock teaches a lighting device (10) with a longitudinal segment (12) which is cylindrical (see Fig. 1a, 1b).
It would have been obvious at the time the application was effectively filed for one of ordinary skill in the art to implement the longitudinal segment of Biecker’s lighting device as a cylinder as taught by Comstock in order to improve coupling of light from the light source into the lateral segments by allowing for a thicker light-entrance surface than that of the flat lateral segments (Comstock paragraph 35).
Biecker does not specifically teach “wherein the longitudinal segment has at least one optical element forming at least one light entry surface along the length wherein the at least one light transfer region and the at least one light entry surface are positioned on opposite sides of the longitudinal segment, wherein the at least one optical element comprises a diffusing element, a focusing lens, and/or a mixing lens and the at least one optical element is configured to diffuse, focus, and/or mix the light from the at least one light source within the longitudinal segment between the at least one light entry surface and the at least one light transfer region”.
However, Jian teaches “wherein the at least one longitudinal segment (140) has at least one optical element (150) forming at least one light entry surface along the length (see Fig. 1), wherein the at least one light transfer region (162) and the at least one light entry surface (150) are positioned on opposite sides of the at least one longitudinal segment (see Fig. 1), wherein the at least one optical element comprises a diffusing element, a focusing lens (see Fig. 1), and/or a mixing lens and the at least one optical element is configured to diffuse, focus (see Fig. 1), and/or mix the light from the at least one light source within the at least one longitudinal segment between the at least one light entry surface and the at least one light transfer region (see Fig. 1)”.
It would have been obvious at the time the application was effectively filed for one of ordinary skill in the art to implement the longitudinal segment of Biecker’s lighting device with the optical elements aligned with dedicated light sources taught by Jian in order to focus the light from the light sources into the optical fibers with the optical element (Jian paragraph 40) and to retain the one layer construction of Biecker in light of the art-recognized suitability of a one layer construction to form optical elements in the longitudinal segment (Jian paragraph 10; see Basavanhally Fig. 4).
Biecker does not specifically teach “wherein at least one of the first end and the second end is at least partially melted in the longitudinal segment”.
However, Farrelly teaches a method by which the end of a fiber (300) is partially melted (paragraph 42) into a longitudinal segment (302).
It would have been obvious at the time the application was effectively filed for one of ordinary skill in the art to modify the lighting device of Biecker by melting the ends of the fibers into the longitudinal segment as taught by Farrelly in order to form a bond that is capable of retaining both mechanical and optical integrity without needing additional coupling components (Farrelly paragraph 30).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kobayashi et al. (US 7236665 B2), which teaches an optical module.
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHANIEL J. LEE whose telephone number is (571)270-5721. The examiner can normally be reached 9-5 EST M-F.
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/NATHANIEL J LEE/ Examiner, Art Unit 2875
/ABDULMAJEED AZIZ/ Supervisory Patent Examiner, Art Unit 2875
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